Denied CHL, appeal 1 denied (spoke to mr cotton)

[03Lightningrocks]

Wisdom sometimes comes from experience but all too often experience comes from bad judgement.

I think I like that. I may have to use that one on my employees. I hate to steal but you did toss it out there.

[Andrew]

That's a "cowboy philosopher" quote. My favorite quote on experience,
A sadder and a wiser man,
He rose the morrow morn.
Rime of the Ancient Mariner, Part VII. Last St.
Samuel Taylor Coleridge

[stevenpopham]

well thank you everyone, mods can lock this. ive spoken to the states attorney and he agreed to clear my CHL application after march 19th, He said either option worked for him. Drop the appeal and re apply with the clairification order. OR file the appeal again and then send him a copy of the new order and he will clear the application before the new appeal hearing and I can just cancel out that or ask for the case to be dismissed.

Its all about money and everyone who knows that is right. Its taken a pile of money to get this far.

[Keith B]

Glad to hear Steve. Congrats and hope your waiting time is short.

[03Lightningrocks]

Glad to hear Steve. Congrats and hope your waiting time is short.

Congrats...

[Andrew]

Congratulation on a satisfactory outcome to your odyssey through the criminal justice system.

[RPBrown]

My son was charged with assault and felony terroristic threat because he stopped a man from breaking into his tool box on his truck. The alarm went off on his truck, he told his wife to call 911 and he went out. He spun the guy around and the thief fell down (drunk). About that time the LEO pulled up. My son told him what happened and the thief was placed in handcuffs. He tried to kick my son which the cop didn't see and my son made the comment that if LEO hadnt shown up he would have whipped him up pretty good (not exact words but 12 yo rule). The officer then cuffed my son and charged him with assault and TT. After 20K in legal costs plus his bond, he was out of money and agreed to a class B misdomener on the TT and a probated sentence and they dropped the assault charges (all his choice). They gave him 6 months probation which he completed.

Now, this was a bad choice on his part, but I think a lack of common sense on the part of the LEO and DA. There were no punches thrown (witnesses confirmed to me and the LEO), and he was upset that the guy had damaged his new truck box. Can't say I would have done any different.

Bottom line is, he is a family man and had borrowed money on everything he had as well as a lot from us to pay his attorney to the point that he had nothing left and did not want to burden us any more so he took the deal, although I would have helped him more. There is something drastically wrong with our legal system to have to shell out that kind of money to defend yourself. I know some will say he could have gotten a public defender, however, in Tarrant County, if you have someone post your bond, they will not allow a public defender because if you have the money to post bond you have money for an attorney. (dont think a PD would work as hard for free either)

[03Lightningrocks]

My son was charged with assault and felony terroristic threat because he stopped a man from breaking into his tool box on his truck. The alarm went off on his truck, he told his wife to call 911 and he went out. He spun the guy around and the thief fell down (drunk). About that time the LEO pulled up. My son told him what happened and the thief was placed in handcuffs. He tried to kick my son which the cop didn't see and my son made the comment that if LEO hadnt shown up he would have whipped him up pretty good (not exact words but 12 yo rule). The officer then cuffed my son and charged him with assault and TT. After 20K in legal costs plus his bond, he was out of money and agreed to a class B misdomener on the TT and a probated sentence and they dropped the assault charges (all his choice). They gave him 6 months probation which he completed.

Now, this was a bad choice on his part, but I think a lack of common sense on the part of the LEO and DA. There were no punches thrown (witnesses confirmed to me and the LEO), and he was upset that the guy had damaged his new truck box. Can't say I would have done any different.

Bottom line is, he is a family man and had borrowed money on everything he had as well as a lot from us to pay his attorney to the point that he had nothing left and did not want to burden us any more so he took the deal, although I would have helped him more. There is something drastically wrong with our legal system to have to shell out that kind of money to defend yourself. I know some will say he could have gotten a public defender, however, in Tarrant County, if you have someone post your bond, they will not allow a public defender because if you have the money to post bond you have money for an attorney. (dont think a PD would work as hard for free either)

That is what I would call... Been there... Done that... Got the tshirt! That situation stinks but is more common than many folks realize!!!

[Keith B]

Charles uses a phrase when he has his Use of Deadly Force Seminars that says 'Don't let your mouth ruin a good shoot.' The same thing goes for any time you are dealing with individuals that are being arrested. Drop the bravado, don't puff up your chest once it is over, and make sure you appear to be a victim 110% so there is no question the BG was the one that was the aggressor.

[03Lightningrocks]

Charles uses a phrase when he has his Use of Deadly Force Seminars that says 'Don't let your mouth ruin a good shoot.' The same thing goes for any time you are dealing with individuals that are being arrested. Drop the bravado, don't puff up your chest once it is over, and make sure you appear to be a victim 110% so there is no question the BG was the one that was the aggressor.

100% correct. The last line of your post is EXACTLY why my situation went in my favor. The arresting officers gave reports to the DA that favored my position because of my presentation. They had no doubt in their minds that I and my son were the victims. I never made any comments that could be construed as aggressive. I never used words that resembled aggression. In fact, the only statement I made concerning my actions was that I was trying to stop the attack and get safely away from them. It was easy to say, because it was the truth.

Many years ago I read several articles written by Massad Ayoob for the NRA magazines. I learned a lot from his writings and utilized what I read. I know it saved my bacon. I believe the worse thing we can do is act as if we were trying to "get even" or "take a person down". We should never express any form of anger. That will get you an extra dose of stink eye!

[stevenpopham]

Im going to search the fourm but I think it would be a good idea to post your run-ins with LEO good or bad on a sticky thread. I think I read one but am not sure.

[Keith B]

Im going to search the fourm but I think it would be a good idea to post your run-ins with LEO good or bad on a sticky thread. I think I read one but am not sure.

Look in this section http://texaschlforum.com/viewforum.php?f=15" onclick="window.open(this.href);return false;

[glbedd53]

I HAVE met Mr. Cotton, and that's the guy I would want.

[mamabearCali]

Glad you got it sorted.....what a nightmare....and what a terrible lawyer you had at the start. Good heavens...he wanted an innocent man...a man that could not possibly be guilty to plead no contest. WHAT!!!!!

[cw3van]

I will probably offend someone with this, but it won't be the first time. The OP said he had talked to Charles Cotton. After that the opinion of anyone is absolutely irrelevant. Mr. Cotton, (no I have not personally met him) is the single most qualified voice to answer the questions of the OP.
It amazes me not only that others continued to give bad advice knowing that. I know that no one meant anything malicious, but come on folks, when legal questions are asked, let those with the legal background answer it.

Yup have to agree with you.